Mathan Singh v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 27, 2009 mm

i.18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Order: 27th January, 2009 + CRL.A. 821/2005 MATHAN SINGH ..... Appellant Through: Mr. D.M.Bhalla, Advocate versus STATE ..... Respondent Through: Ms. Richa Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. (Oral) 1. On 9.8.2003 at 7:35 PM, DD Entry No.19-A, Ex.PW- 4/A, was recorded noting the information that an informant has informed that a husband has shot his wife at House No.B-128, Gali No.8. The same happens to be the house of the appellant. 2. ASI Darshan Kumar PW-12, SI Lekh Raj PW-4, Const. Brijvir PW-15, Const. Shyam Lal PW-17 reached the spot pursuant to the information received. They found blood at two places. They saw that there were blood stains in and around the house. Two empty cartridges were seen lying on the floor. The appellant was found present in his house. ASI Darshan Kumar and Const. Brijvir remained at the spot and SI Lekh Raj accompanied by Const. Shyam Lal went to GTB Hospital as they learnt that two persons who were injured had been taken to the said hospital. 3. At the hospital, Shakuntala wife of the appellant, was admitted at 8:50 PM. She was examined by Dr.P.Ram who declared Shakuntala brought dead as per MLC Ex.PW-19/A. 4. Raj Kumar PW-10, was also admitted at the hospital and his medical condition was recorded on the MLC Ex.PW-25/A by Dr.Narender Singh PW-25 as under:- "1. Multiple punctured wound with lateral fronto parietal region of scalp. 2. Fluctuating swelling over parietal lateral region of scalp." 5. He noted that the patient was conscious and oriented. Since the patient gave history of the wounds to be the result of gun shot, Dr.Narender Singh referred Raj Kumar to the senior resident neuro surgeon. 6. Since Raj Kumar PW-10 was fit for statement, SI Lekh Raj recorded the statement Ex.PW-4/B of Raj Kumar, in which he named the appellant as the person who had fired upon his wife and at which firing even he i.e. Raj Kumar sustained pellet injuries. On said statement SI Lekh Raj made an endorsement thereon Ex.PW-4/C at 10:05 PM and sent the same through Const. Shyam Lal PW-17, for registration of a FIR. The FIR in question, Ex.PW-5/A, was registered at the police station by HC Surender Pal PW-5, soon thereafter. 7. Proceeding back to the spot SI Lekh Raj rejoined ASI Darshan Kumar, who, as noted above, had remained at the spot. 8. At the spot blood stained earth and control earth was lifted vide seizure memo Ex.PW-1/A. A chappal was seized vide seizure memo Ex.PW-1/B. A blood stained chunni was seized vide seizure memo Ex.PW-1/C. Two empty cartridges were seized vide seizure memo Ex.PW-1/D and sketch thereof was drawn vide Ex.PW-1/F. A double barrel gun was seized vide seizure memo Ex.PW-1/E. A rough site plan Ex.PW-1/G of the spot was prepared. 9. The appellant was arrested vide arrest memo Ex.PW- 1/H at 1:30 AM. 10. Constable/photographer Rattan Singh PW-24, was summoned who took seven photographs Ex.PW-24/A to Ex.PW- 24/G of the spot; negatives whereof are Ex.PW-24/A-1 to Ex.PW- 24/G-1. 11. The body of deceased Shakuntala was sent for post- mortem where Dr.S.Lal PW-13, conducted the post-mortem at 11:10 AM on 10.8.2003 and recorded the following ante mortem injuries on the person of the deceased:- "ANTE MORTEM INJURY 1. Fire arm Entry Wound 7 x 5 cm, associated with Scattered multiple pallets wound in area of 22 x 16 cm present Rt. back of chest over scapular region 9.0cm below the tip of shoulder and 18.0 cm right to midline. No blackening, tattooing and seigning present around the muscles of posterior axillary wall and then enter the chest cavity through mid axillary line over 3rd intercostals space causing fracture of 3rd, 4thd and fifth ribs after that enter the Rt lung over middle of upper lobe,